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Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....nal Jurisdiction) Present: Syed Muhammad Husain J Sultan Hossain Khan J Manager Zeal Bangla Sugar Mills. Ltd..................Petitioner Vs. Chairman, First Labour Court and another...........Respondents Judgment June 12, 1980. Result: The Appe...... found in the proceeding before the enquiry officer Labour court cannot reverse his finding. Reinstatement in service— Even when the proceeding before the Enquiry officer suffers from proper compliance with the procedure laid down by the law warranting quashment of the dismissal orde..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed between the last occasion when the Court had dealt with the proceedings and the submission of the report, it is only fit and proper, and, indeed there is a practice, that t......ader Commissioner submits his report. But if considerable time has elapsed between the last occasion when the Court had dealt with the proceedings and the submission of the report, it is only fit and proper, and, indeed there is a practice, that the lawyers of both sides are to be informed of the re..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....Vs. Saeed Ahmed, PLD 1974 SC 657; AnisminicLtd. Vs. Foreign Compensation Commission, (1969) 1 All E. R. 208; Patterson Vs. District. Commissioner of Accra, (1948) AC 341 Franklin Vs. Minister of Town and Country Planning, (1948) AC 87; Padfield Vs. Minister of Agriculture (1968) 1 All E. R. 694; Sta......ther Iftekheruddin alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Hoq Chowdhury carried out the post-mortem examination on the dead body of Saleha Begum but without proper investigation submitted report supporting the case of suicide. Dr. Mozammel Huq Chowdhur..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-emption case and they were not brought on record in spite of objection taken by the pre-emptees-- The instan......ufficient opportunity to remove the defect by impleading the persons named in the written objection but they failed to remove the defect, and consequently, the application must be treated as not properly constituted. Section 96, sub-section (2) requires that all the co-sharer tenants of th..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....r Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3, 1980. Result: The Rule is discharged. Case Referred to- Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR......imitation was based on evidence on record and I do not find any substance in the contention of the learned Advocate of the petitioner as both the courts below came in this finding on proper consideration of evidences. For the reasons stated above, the order of the court of..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....lay & Co. Ltd. & Another……..……………………Respondents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred t......is given in the definition unless there is any (sic) contrary in the context. There is no necessity to travel elsewhere or to other enactments for the purpose of defining that word or discovering its proper meaning. 15. Section 25 of the Act of 1965 is as follows (1) "Any individ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....4 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Lawyers Involved: Syed Ishtiaq Ahmed with S.A. Latif, Abdul Rah Chowdhury and Rabia Bhuiya, Advocates-For the Petitioners. K.A. Bakr, Attorney General, with MM. Haq and ......der No. 9 of 1972, now repealed. It was stated that the Notifications dated 16.11 -65 have no relevancy in Bangladesh as it did not survive, moreover the said rule of seniority dated 16-11-65 was not proper being ex-facie discriminatory as it provided two standards for 'determining seniority-the..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....& another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ......e. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. Effective delivery of possession of gifted immovable property in occupation of tenant will be occurred by delivery of title deed. The provision of s..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....32 DLR (AD) (1980) 24. ......ion Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in possession of a property in part performance of the contract and that contract has been affirmed by a decree for s..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
...., instructed by Abu Backkar, Advocate, on Record-For the Appellant. Md. Moksudur Rahman, Deputy Atorney General, instructed by S.S. Hoda, Advocate on-Record-For the Respondents 1-6. N. H. Khandoker, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent 7-8. ......y 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary exercise of the power without proper application of mind cannot be sustained….. (6) Lawyers Involved: Syed Ishtia..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....Advocate-on-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgmen......d the latter constructed the petrol pump and respondent 1 started selling petroleum as a dealer of Daud Petroleum from 1971. In February 1972 the respondent 1 approached the appellant for sale of the property and the latter agreed to purchase the same at a consideration of Tk. 83,000/- out of which ..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
....The rules are discharged. Lawyers Involved: Joynul Abedin-For the Petitioner (In Petition Nos. 247 to 281 of 1970) M. Hafizullah- For the Petitioner (In petition Nos.453 to 462 of 1970 and Petition Nos.14 and 26 of 1971) Anwarul Haque Chowdhury, D.A.G. with M.M. Huq, A.A.G.-......age into a lighter age vessel belonging to the petitioners, the said cargo remains in custody of the petitioners till they are discharged from the lighter age vessel to the shore tank. Therefore, the proper time and place of actual measurement, according to common sense, should be the place where th..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)
....ns of the Lewisham Union, (1897) 1 Q.B 498. Lawyers Involved: S.R. Pal, Sr. Advocate, with Md. Hannan, Advocate, instructed by M.R. Khan, Advocate-on-Record-For the Petitioner. M.H. Khandker Sr. Advocate, instructed by B.C. Panday. Advocate-on-Record-For the Respondent 5 C.P. 74......hat he is interested in the performance of such duty. In the case of Queen Vs. Guardians of the Lewisham Union, (1897) 1 Q.B 498 it was observed: "This Court would be far exceeding its proper functions if it were to assume jurisdiction to enforce the performance by public bo..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
.... No. 479 of 1978) Vs. M. A. Rouf…………………………………Petitioner (In Petition No. 538 of 1978) A.M.M. Rishid Ahmed and Ors…………Petitioner (In Petition No.540 of 1978) Md. Ruhul Amin&helli......t the Acting President's Order No 2 of 1972 did not provide for automatic transfer of the erstwhile P. LA. employees to the Bangladesh Airlines, but that those employees were to be absorbed after proper scrutiny and screening and on new terms and conditions to determined by the Government of Ban..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....nt: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J A.H.M Abdul Hai………………………….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: Th......trol and Family Planning Officer with effect from 21-8-75 on recommendation of the Public Service Commission. From this notification it is clear that the appointment of the petitioner was made by the proper authority after considering his past record. Even if the order of resumption of office of the..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ......he Company as well as the appellant. No Profit and Loss Account of the Company was audited nor was submitted to the Board of Directors by the Managing Director who treated the Company as his personal property. The Company incurred heavy liabilities on different counts and its debt rose to such an ex..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Pla......f Tk. 3000/- per month from 1-12-72 but this direction has been ignored. The Estate Officer by letter dated 20-1-78 informed the Additional Deputy Commissioner that the order of derequisition was not proper and requested him to cancel the order of derequisition. Since the house, has been allotted to..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Anwarul Huq Khan ....................................Petitioner Vs. Govt. of Bangladesh and others..................Respondents Judgment July 19, 1978. Result: The rule...... punished him by reducing, him in rank and two days later suspended him in contemplation of a proceeding which was, however, not drawn until after three months. Had the authorities applied their mind properly to these allegations they could have, without first reducing him in rank, suspended him pen..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1